The California Assembly have approved three bills that disregard equal rights, thus continuing to support kangaroo style college hearings which trump constitutional rights for all.
Monthly Archives: May 2015
A University in Ohio has settled a lawsuit with a former student who sued after being expelled over a sexual assault allegation. A freshman female student accused a male student of assaulting her on the way home from a party where alcohol was served. The male was expelled following a November student disciplinary hearing. The falsely accused student filed a lawsuit the following month, alleging libel, defamation, negligence and infliction of emotional distress, among other things, and said he was illegally prohibited from using an attorney and presenting evidence or testimony.
The University’s vice president for student development, said via email that she “cannot confirm that a settlement has been reached, but we can confirm that the case has been dismissed in the courts.” Asked to clarify, she emailed, “The matter was resolved by mutual agreement and together we sought dismissal by the court.” The falsely accused’s attorney, Eric Rosenberg, said via phone that there was a settlement but the case is officially recorded as dismissed because of semantics.
Rosenberg’s case was one of a growing number of lawsuits filed by men who are punished following campus judicial proceedings, in some cases under Title IX, the same federal statute that women point to when alleging campuses handle their sexual assault allegations improperly. Rosenberg told the student newspaper, “I’d like to convey to students the risk of being involved with women who have been drinking…. because later she may say she was sexually assaulted.”
Source: Educational 2014: edited by SOS to maintain confidentiality
Three recently filed lawsuits show the other side of the “rape crisis,” how the media glosses over ambiguity to advance an agenda, creating heroes out of potential liars and villains out of the possibly innocent.
www.nationalreview.com by David French
Nicole Eramo is seeking more than $7.5 million in damages from Rolling Stone, its parent company Wenner Media and Sabrina Rubin Erdely.
Dear Mr. President and Members of Congress,
I am the proud parent of college-aged students, one of whom was falsely accused of sexual assault in 2012. Proven innocent of these accusations, suspicion and discrimination follow my student on campus three years later.
Despite the odds, truth prevailed and a legal process resulted in case dismissal. Sadly, the experience was nothing compared to the ordeal my student would face at the University starting in April 2013, which continues today.
For seven months, my student underwent separate school investigations-the first, ordered despite legal findings, and resulted in a not responsible determination. Regardless, a second investigation was held; the same determination was reached. All the while, University rules kept changing, evidence allowed for use in one investigation was disallowed in the next, and policies were rewritten in an attempt to manipulate the process to discredit my student.
My student filed harassment and false accusation complaints against the accuser and others. The University declined to investigate. Additional complaints filed with administrators, the university president, and Office of Legal Affairs of months long harassment and stalking by the false accuser declined to be investigated, and my student was in no way protected.
Destroyed by dis proven false accusations, my student was adjudicated by a system based on gender discrimination without the benefit of fairness and due process. My student is still restricted by a no contact order based on these false accusations. As a result of this treatment, my student suffers from PTSD, Depression, and Anxiety, which affects both the opportunity to an education free from hostility, and physical and emotional health.
This story represents stories of countless students falsely accused of sexual assault. Federal and campus policies on sexual harassment undermine the basic tenets and core rights due all US citizens. Policy directives ignore this, and leave our students to fend for themselves against adult professionals whose only interests are federal funding and political correctness. Our students are manipulated, harassed, and disregarded by their school communities, and the government has turned its back. Presumed guilty of accusations that damage like no others, these students are cast aside to face unjust punishments, and uncertain futures.
The time has come to dig deep, and work to get federal directives and school policies on the same page with a common goal of finding truth, rather than using the current knee jerk standard of guilt before proven innocent. Students should not be made to suffer unjustly at the hands of grossly misinformed government officials doling out federal dollars, and school administrators motivated by the bottom line. It is time to replace bias and discrimination with due process and fairness. It is time to get this right.
Sincerely, Parent of a Falsely Accused Student
OCR has tipped the scales so heavily against the accused that it allows, in the case of an acquittal, the accuser to appeal and initiate a re-prosecution. OCR has moved far beyond double jeopardy—this is “infinite jeopardy.” OCR, in short, cannot be trusted to operate within the precincts of the law. It is making up its own laws and should be reined in by Congress.
www.nas.org By Peter Wood
A recurring assertion in the lawsuit, regarding multiple details on multiple occasions, is that “Ms. Kinsman is lying.”…”She has mounted a false and vicious media campaign to vilify Mr. Winston with the objective of getting him to pay her to go away,” states the Heisman Trophy winner’s lawsuit. “Ms. Kinsman is motivated by the most insidious objectives — greed.”
www.cnn.com By Greg Botelho
“the attempt to make sex into a recreational activity equally available to men and women and free for both from the burdens of shame and guilt is something pretty new… But it took the peculiar combination of feminist advocacy, the gay rights revolution, modern technology, the breakdown of the two-parent family, and the liberated college campus to create the conditions whereby this assault on human nature could have the opportunity to play itself out.”
www.weeklystandard.com By Peter Wood
“…this imbalance is a direct result the Department of Education’s Office for Civil Rights, which all but told schools in 2011 to believe any and all rape accusations or risk losing their federal funding…It’s cheaper to do the wrong thing when the feds incentivize it.
www.thecollegefix.com by Greg Piper